Article 20 — REPAIR OF DAMAGE AFTER AN EMERGENCY

7-300. Plan review and approval.

(a) All repair projects are subject to prior plan review, plan approval and construction permit by the Office except as noted in subsection (b).

(b) For emergency repairs carried out without the Office plan review and permit in the aftermath of an emergency, an application for plan review must be submitted with construction documents, fees and a letter of transmittal stating the reasons for emergency repairs within 10 business days of the temporary authorization. Back checks shall be resubmitted within 10 business days of receiving comments. Photographs, if available, and reports of damage and repairs should also be submitted with the application.

Additional repairs may be required if the emergency repairs do not comply with the code. For alternate fee payment methodology, see Section 129787 of the Health and Safety Code.

(c) Plan reviews for emergency damage repairs will be performed on a priority basis. The application for plan review should clearly state that the scope of the project is to repair the damage from the emergency. Where possible, reviews will be made over the counter.

(d) Plan review fees shall be payable for all damage repair projects in accordance with the following:

1. 1.64 percent of estimated construction costs for hospitals.

2. 1.50 percent of estimated construction cost for skilled nursing facilities (SNF) or intermediate care facilities (ICF).

3. For alternate fee payment methodology, see Section 129787 of the Health and Safety Code.

4. An examination fee where review of existing plans is required. The fee will be calculated on a time and material basis at the prevailing hourly rates applicable for the review personnel.

(e) Office recommends predesign conference with architects/engineers to resolve code issues relevant to the repair projects.

Authority: Health and Safety Code Section 129850.

Reference: Health and Safety Code Sections 129785, 129787 and 129820.

The Hospital Building Safety Board shall act as a board of appeals with regard to disagreements between the Office and hospital/SNF/ICF authoriti

7-301. Appeals. The Hospital Building Safety Board shall act as a board of appeals with regard to disagreements between the Office and hospital/SNF/ICF authorities on interpreting the repair policy or the establishment of the degree of damage. (Section 7-159 of Administrative Regulations for the Office)

Authority: Health and Safety Code Section 129850.

Reference: Health and Safety Code Section 129925.

7-305. All buildings.

Where the repairs to damage caused by an emergency are required, facilities may reopen, after temporary repairs, for a limited period of time subject to the following.

1. Temporary repairs: The hazard resulting from damage to the facility is abated and the facility is at least restored to its preemergency condition or its equivalent.

2. Permanent repairs/retrofit: The owner successfully negotiates with the Office a time bound plan for the permanent repairs/retrofit of the damaged facilities required by these regulations.

Authority: Health and Safety Code Section 129850.

Reference: Health and Safety Code Sections 129725 and 129820.

HISTORY:

1. (OSHPD/EF 1/95) Emergency order by the Office of Statewide Health Planning and Development to add Sections 7-300 through 7-305, Part 1, Title 24, California Code of Regulations. Filed as an emergency order with the secretary of state on September 8, 1995; effective September 8, 1995. Approved as an emergency by the California Building Standards Commission on September 7, 1995.

2. (OSHPD/EF 1/95, permanent) Emergency order by the Office of Statewide Health Planning and Development to add Sections 7-300 through 7-305, Part 1, Title 24, California Code of Regulations. Filed as a permanent order with the secretary of state on November 30, 1995. Since there were no changes, effective date remains September 8, 1995.